Fair trading act Flashcards
What is the Fair Trading Act?
A key piece of consumer protection legislation, that is designed to promote fair competition and ensure consumers are not misled or deceived by business
What does Section 9 do?
Prohibits misleading or deceptive conduct in trade
What are the elements of section 9?
- People
- In trade
- Engage in conduct
- Misleading or deceptive
People
Individuals, businesses or groups of people that engage in trade
In trade
Means conduct in the cause of business. Includes activities like selling, providing and advertising goods and services
Engage in conduct
Has done something
Misleading or deceptive
The conduct must be misleading or deceptive or likely to mislead or deceive.
Mislead
Creating a false impression or leading someone to believe something that is not true
Deceive
Intentionally misleading someone into believing something
Remedies of section 9
- Damages
- injunctions
- Contract void
- Refund
- Repairs
- Return of property
- Disclosure of information
Injunction
Prohibits someone from doing something or requires them to do something
Damages
sum of money awarded by the court to compensate the injured party for loss or harm caused by the wrongful act of the defendant
